Gill v. Daily
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This action was brought by the appellee, J. S. Daily, against the appellant, William J. Gill, and his wife, M. L. Gill, and counted upon a promissory note containing a waiver of exemptions, and was commenced in a justice of the peace court. William J. Gill filed a plea of non est factum, and his wife filed a plea of coverture. Neither of the defendants were able to write.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. This action was brought by the appellee, J. S. Daily, against the appellant, William J. Gill, and his wife, M. L. Gill, and counted upon a promissory note containing a waiver of exemptions, and was commenced in a justice of the peace court. William J. Gill filed a plea of non est factum, and his wife filed a plea of coverture. Neither of the defendants were able to write. When the note sued on was executed, the clerk of the plaintiff wrote the names of both William J. Gill and his wife to the note, and the wife…
1Opinion of the Court
McCLELLAN, J
This case was tried on its merits by the judge of the circuit court without the intervention of a jury. No request for a special finding of the facts was made by either party, and no special finding was in fact made. Nor was there an agreed statement of the facts hpon which the trial was had, but only an agreed statement of the testimony of the witnesses, much of which was conflicting; and this statement amounted to no more than an ordinary bill of exceptions. On this state of the record before us, we can not review the conclusions of facts reached by the presiding judge ; they…
2Cases cited5 opinions
- Clark v. RyanSupreme Court of Alabama · 1891
- Bell v. StateSupreme Court of Alabama · 1883
- Buford, McLester & Co. v. ShannonSupreme Court of Alabama · 1891
- Webb v. BallardSupreme Court of Alabama · 1892
- Calloway v. StateSupreme Court of Alabama · 1883
3Cited by1 opinion
- First Bank v. Mayfield Woolen MillsSupreme Court of Alabama · 1906